20150717 TZCA Dar es Salaam

The absence of a signed affidavit in support of the Notice of Motion contravenes Rule 48(1) of the Court of Appeal Rules, 2009, making the application incompetent and liable to be struck out.

Citation: 20150717 TZCA Dar es Salaam
Parties: Applicant: Mshamu Said; Respondent: Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 July 2015
Procedural Posture: Criminal Application / Application for Leave to Appeal Before the Court of Appeal
Outcome: Application struck out as incompetent
Legal Topics: Affidavit Requirements, Competence of Application, Procedural Compliance
Source Language: English

Criminal Law Appellate Procedure Affidavit Requirements Competence of Application Procedural Compliance

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Parties

Mshamu Said

Applicant

Republic

Respondent

Procedural Posture

Criminal Application / Application for Leave to Appeal Before the Court of Appeal

Legal Issues

1 Whether an unsigned affidavit renders the application incompetent under Rule 48(1) of the Court of Appeal Rules, 2009

Ratio Decidendi

The absence of a signed affidavit in support of the Notice of Motion contravenes Rule 48(1) of the Court of Appeal Rules, 2009, making the application incompetent and liable to be struck out.

Court Disposition

Application struck out as incompetent

Orders

The application is struck out for want of a valid supporting affidavit.